The lawyer for the Puerto Rico Electric Power Authority (PREPA (AEE); PREPA), Max Pérez Bouret, questioned Monday whether New Fortress Energy (NFE) is negotiating in good faith in a federal lawsuit, after the company handed over incomplete information and, during a hearing, revealed new federal criteria for sharing information with third parties. On Friday, Judge Pedro Delgado Hernández granted the government an emergency order (TRO) forcing NFE to give other companies access to its natural gas terminal after NFE admitted it could no longer supply gas to PREPA generators, ahead of the Amur River barge’s fuel cargo running out Saturday, which occurred.
Judge Delgado Hernández found NFE had not complied because it said its facilities would be available only from the start of a tolling agreement, while the order requires access within 30 days without any commercial agreement. After 5:00 PM. Monday, NFE filed a new motion confirming facilities would be available in the next 30 days.
NFE lawyer Lee Sepulvado Ramos said the company will talk with third parties, but that access to manuals for critical infrastructure may require clearance from the Federal Energy Regulatory Commission. Magistrate Héctor Ramos Vega ordered both sides to meet Tuesday at 5:00 PM to work out compliance. PREPA amended its June lawsuit on October 19, and NFE late Monday sought a 30-day extension to respond.
The Amur River was still at the terminal Monday, scheduled to leave without NFE having another tanker available because of problems at its Mexico terminal.